Tribunals & Alternative Dispute Resolution

Node 35610 addresses the tribunal and alternative dispute resolution mechanisms available for the resolution of Australian property disputes, distinct from formal court litigation, addressed in node 35620. Tribunals and alternative dispute resolution processes offer a lower-cost and generally faster route to resolving defined categories of property dispute, and are frequently the first, and in some cases the only, forum available to a party before a matter may proceed to court.

State and territory civil and administrative tribunals exercise jurisdiction over specified categories of property dispute, most commonly residential tenancy and strata matters, applying streamlined procedures that do not require legal representation. Mediation, conciliation, and arbitration operate alongside tribunal jurisdiction as further alternative dispute resolution mechanisms, with mediation and conciliation aimed at a negotiated resolution facilitated by an independent third party, and arbitration producing a binding determination where the parties have agreed to submit their dispute to an arbitrator.

This node serves parties to a property dispute, and the advisers assisting them, in identifying the tribunal or alternative dispute resolution mechanism applicable to a given dispute, complementing the general dispute resolution framework addressed in node 35600 and the formal court litigation process addressed in node 35620.

This node addresses tribunal jurisdiction, mediation, conciliation, and arbitration as they apply to Australian property disputes. It does not address the general framework of dispute resolution within which these mechanisms operate, addressed in node 35600, nor the formal procedure of court litigation, addressed in node 35620.

It does not address the internal by-law dispute resolution processes of an owners corporation prior to referral to a tribunal, addressed in node 34340.

• Civil and Administrative Tribunal Act 2013 (NSW)

  and equivalent state tribunal legislation — administered by the relevant state or territory civil and administrative tribunal — establishes tribunal jurisdiction over residential tenancy, strata, and other defined categories of property dispute.
• Commercial Arbitration Act 2010 (NSW)

  and equivalent state and territory legislation — administered by state governments — governs the conduct and enforceability of arbitration of commercial property and construction disputes conducted by agreement of the parties.
• Civil Procedure Act 2005 (NSW)

  and equivalent state civil procedure legislation — administered by state courts — empowers courts to refer property litigation to mediation before a matter proceeds to trial.

The mechanism used to resolve a given dispute depends on its subject matter, its value, and whether the parties’ underlying contract specifies a particular process.